Presentation on theme: "Measures to combat Human trafficking. Legal Regime (NALSA, New Delhi, 15.11.08) By S. UMAPATHI., IPS, Inspr. Genl. of Police CID, AP., Hyderabad and AP."— Presentation transcript:
Measures to combat Human trafficking. Legal Regime (NALSA, New Delhi, 15.11.08) By S. UMAPATHI., IPS, Inspr. Genl. of Police CID, AP., Hyderabad and AP State Addl. Anti Trafficking Nodal Officer. Email: firstname.lastname@example.org Cell: 9440700900; 040-23240663
Recruiting OR Harboring OR Moving OR Obtaining OR Maintaining A Person Recruiting OR Harboring OR Moving OR Obtaining OR Maintaining A Person By Force OR Fraud OR Coercion By Force OR Fraud OR Coercion For Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade For Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade Source: Adapted from the Freedom Network Institute on Human Trafficking
Trafficking - Organized Crime Third biggest organized crime in world after drugs and arms trade It is global – driven by profit Consumerism – commodification of women and children
Plan of Action (PoA) of NHRC Based on action research – August 2004 Promotion & protection of Human Rights Formulation of an appropriate Legal Framework Protection & Support (Rescue, Rehab, & Reintegration) Prevention of Trafficking Training, Education & Awareness
Characteristics of Trafficking Violence Threat Deprivation of freedom of movement Commercial sexual exploitation Confiscation of Travel documents, etc Debt bondage Deceit T.I.P Force Forcible addiction to drugs / drink Dehumanized
NHRC’s Directives-PoA “Trafficked Victims to be prevented from being prosecuted, detained, punished as they are Victims of Situation beyond their Control ”-NHRC-Aug 2004 “Law enforcement agencies to take effective measures to investigate, prosecute and adjudicate trafficking, including it’s related activities”- NHRC- Aug-2004
Three key characteristics of trafficking in persons (TIP) T.I.P ViolenceLoss of free will Exploitation
The Three Enemies Poverty/ Vulnerability Illiteracy/ Optionless Indifference by Police, Society, PRIs T.I.P
Estimation of Victims (Average of Govt / NGO / VOCSET Groups / victims of CSE) Source: NATSAP Oct 06 News letter Maharashtra4 lakhs(18.3%) West Bengal3.6 lakhs(16.5%) Andhra Pradesh3.2 lakhs(14.6%) Tamil Nadu3.0 lakhs(13.7%) Uttar Pradesh2.71 lakhs(12.4%) Bihar1.6 lakhs(7.3%) Madhya Pradesh1.44 lakhs(6.6%) Gujarat1.40 lakhs(6.4%) Kerala0.7 lakhs(3.2%) Delhi0.16 lakhs(0.7%) Total21.81 lakhs Other States / UTs = 9 Lakhs = Total : 30 Lakhs
NETWORKS OF TRAFFICKERS Networks of procurers, Pimps, Brothel Keepers, Musclemen, Transporters, Sellers, Buyers, Hoteliers, Four to five lakh traffickers in the country. Financiers those who deliver human cargo. Rs.20 crore profit per day in India
WHO ARE TRAFFICKRS? Brothel in-charge and other exploiters in brothel. The ‘managers’ and other ‘dramatis personae’ Persons who allow premises to be used (Sec.3.2 ITPA) Keepers of places / vehicle (Sec.3.1 ITPA) Person who detain victims in brothels etc. (Sec.6.ITPA) Allowing public places for prostitution (Sec.7.2 ITPA). The customer or clientele (demand factor ) (Sec.7.ITPA). The financiers of recruitment, transportation,stay accommodation, money lending. The abettors (U/s 3,4,5,6,7,9 ITPA r/w Chapter V of IPC (abetment). Those living on the earnings of CSE (Sec.4 ITPA). (Commercial Sexual Exploitation ) All conspirators.
Definitions under ITP Act-1956 Brothel: Any house, room, conveyance or place or any portion of any house used for the purpose of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes. Prostitution: Sexual exploitation or abuse of persons for commercial purposes and the expression “prostitute” shall be construed accordingly. Child: Person not completed 16 yrs of age. Minor: Not completed 18 yrs of age.
The Immoral Traffic (Prevention) Act 1956 Sec.3: Punishment for keeping a brothel or allowing premises to be used as a brothel. Punishable with RI not less than 1 yr, not more than 3 yrs and also fine ` Rs. 2000/-. Sec.4: Punishment for living on the earning prostitution. Punishable –up to 2 yrs or with fine Rs. 1000/- or both. Sec. 5: Procuring, inducing or taking person for the sake of prostitution. Punishable RI not less than 3 yrs and not more than 7 yrs and also fine Rs. 2000/-. In case of child not less than 7 yrs but may extend to life. Sec.6: Detaining a person in premises where prostitution is carried on. Punishable - not less than 7 yrs and which may extend for life.
The Immoral Traffic (Prevention) Act 1956 Contd… Sec.7: Prostitution are in the vicinity of public places. Punishable for a term 3 months. In case of minor not less than 7 yrs may extend to life or 10 yrs. Sec. 8: Seducing or soliciting for purpose of prostitution in any public place - Punishable up to 6 months or with fine up to Rs. 500/- on first conviction – up to 1 yr and Rs.500/- on second conviction. Sec. 9 : Seduction of a person in a custody – Punishable not less than 7 yrs and fine.
THE STRATEGY (three P’s) Protection Prevention Prosecution T.I.P.
The Strategy (Three R’s) Rescue Rehabilitation Reintegration T.I.P
STRATEGY FOR STAKE HOLDERS INTERVENTION Source Transit Destination T.I.P.
Nomenclature Don’t use words such as CSW, Prostitute etc Use VOCSET (Victim of Commercial Sexual Exploitation & Trafficking) OR Simply --- A Victim/survivor
Guntur Vishakapatnam East Godavari West Godavari Kadapa Hyderabad Vijayawada Warangal Karimnagar Nizamabad Khammam Mumbai Net work of Trafficking VijayawadaHyderabadMumbai GuntakalMumbai HyderabadMumbai
Chandrapur Network NALGONDA KHAMMAM HYD. OLD CITY SIRICILLA ADILABAD MANCHIRYAL CHANDRAPUR
Pune Network KADIRI RAYACHOTI MADANAPALLI RAJAHMUNDRY GUNTUR VIJAYWADA PUNE HYDERABAD
Delhi Net work of Trafficking Bangalore Hyderabad Guntakal Warangal Tirupathi Vijayawada Warangal Vizag Daund Anantapur East Godavari West Godavari Hyderabad DELHI Kurnool Chittoor Kadapa DELHI
Kolkata Net work of Trafficking Vijayawada Bapatla Vizag Rajahmundry Ongole Kolkota Banglore Hyderabad Anantapur Kolkata Srikakulam Vizianagaram
Goa Net work of Trafficking Rajahmundry Machilipatnam Tanuku Vijayawada Ongole Guntur Medaramitta Kadiri Hyderabad VijayawadaGoa BombayGoa
Chennai & Bangalore Network Hyderabad, Anantapur, Kadapa, Chittoor, East Godavari Guntur Vijayawada Prakasham Chennai & Bangalore Nellore
Rescue of victims 92% victims have not been rescued 6% have been rescued once 2.0% rescued twice. ??? Where do we stand ???
In India 2,70,000 to 6,80,000 people died of AIDS since 1987. 37.8% victims below 10 years. 41.7% victims below 11 to 14 years. 200 girls are trafficked every day (80% against their will). Survey: Institute of Social Sciences- Delhi. HIV / AIDS
Breaking Traffickers’ Networks Rescued victim Counselling 164 Cr.P.C. statement Before court Filing addl. Memo of accused in court Obtain NBWs More Traffickers Arrest Traffickers De-traumatisation / Interview T.I.P More rescues Interrogate
Definitions under BLS (Abolition) Act-1976 “Bonded debt” : Advance obtained by a bonded labourer. “Bonded Labour”: Labour or service rendered under BLS. “Bonded Labourer”: A labourer who incurs or incurred a bonded debt. “Bonded Labour System” : Forced labour under which a debtor enters into an agreement with the creditor.
The Bonded Labour System (Abolition) Act 1976 (Sec. 374 IPC- Unlawful compulsory in labour) Sec.10: Implementing Authority: Dist. Magistrate / Sub-Divisional Magistrate. Sec.16: Punishment for enforcement of bonded labour – up to 3 yrs and fine up to Rs. 2000/- Sec.17: Punishment for advancement of bonded debt – up to 3 yrs and fine up to Rs. 2000/- Sec.18: Punishment for extracting bonded labour under the BLS – up to 3 yrs and also fine Rs. 2000/- Sec.19: Punishment for failure to restore possession of property to bonded labourers. Imprisonment up to 1 yrs or with fine up to Rs. 1000/- Sec. 21: Executive Magistrate to conduct trial of offences.
The Transplantation of Human Organs Act, 1994 Sec. 18: Punishment for removal of human organ without authority. 1 st Offence up to 5 yrs and with fine Rs. 10,000/- 2 nd offence removal of medical practitioner name from the counsel. Sec. 19: Punishment for commercial dealings in human organs- Not less than 2 yrs but which may extend to 7 yrs and fine up to Rs 10,000/- Sec. 20: Punishment for contravention of any other provisions of this Act up to 3 yrs and fine up to Rs. 5,000/- Sec. 21: Offences by companies: With consent or convince or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company shall be deemed guilty of the offence and punishable accordingly. Sec. 22: Director of Medical Education is the appropriate authority for setting law into motion.
Anti Human Traffic Project Outputs Our journey to zero tolerance
I. MHA – UNODC Empowerment Programme Capacity Building of SIs & above } trained in A.P. Police Academy (29 DySsP, 300 CIs & 1433 SIs) Dr. P.M. Nair, Prajwala (Dr. Sunitha) took lead role. Hon’ble High Court Judges were delivering inaugural / valedictory addresses. APPs. Addl PPs (272) Trained at A.P. Police Academy NGOs, WCD officials also trained. Commenced with BPR&D interface in July 2005 Laid foundation for a journey to zero tolerance Nodal training centre established at APPA as part of MHA – UNODC project
II. Breaking Networks across the country Empowerment – Going beyond local jurisdiction Rescue – Counselling – Further rescues – Further arrests of traffickers – Logical end of network. Bhivandi, Mumbai, Yavatmal, Chandrapur, Pune of Maharashtra Delhi, Bangalore, Chennai etc Application of stringent law provisions Secs. 366 (A), 372, 373, 376 (2)(a) IPC punishable with 10 yrs imprisonment. Synergic approach in Pre-rescue, Rescue and Post- rescue with NGO’s, WCD & Others.
III. Remand & Speedy trial of traffickers In last 1 ½ yrs, 34 Traffickers were convicted for 10 yrs imprisonment under IPC provisions Sec. 164 Cr. PC – Statement of Victims recorded after counseling Remand is generally upto 90 days in Sec. 366(A), 372, 373, 376 IPC. PRC/SC Nos are given expeditiously by courts Judicial Colloquium was held at A.P. Judicial Academy under the aegis of the Hon’ble Chief Justice of A.P. for Addl. PPs/ Asstt Sessions Judges/Police Officers – Sec. 376 (2)(g) IPC was widely accepted by courts in case of minors. Age of victim is considered w.e.f date of trafficking, though victim is rescued at a later date when she is not a minor.
IV. Profiling & History Sheets – timely intervention of prosecution department. All traffickers were profiled Addresses Cross checked History Sheets / Suspect sheets opened APPs/Addl PPs filing timely counters on bail applications SsP/CsP/SsRP reviewing AHT cases and supporting Inter States OPs
V. Synergy Nodal NGOs concept institutionalised SsP/CsP/SsRP were designated by DGP as Unit Nodal Officers to liaise with NGOs & WCD FIRs are registered under stringent IPC provisions of law WCD pays Rs.10000/- as IRF to every rescued women Govt. Homes & NGO Homes got a face lift NIRD gave counseling skills training to select nodal NGOs, Home Superintendents & Women Police Officers
VI. Legal Aspects Judicial Officers understood evidentiary aspects of Sec. 366 A,366 A, 372, 373, 373(2) (g) IPC etc. A.P. Police Manual amended in 2002 with a full chapter on ITP Act – Role of Police Counseling – Resulted in application of proper sections of law – filing fresh FIRs Places of exploitation closed U/s 18(1) ITP Act by SDMs
VII. Missing persons Vs Trafficking Understood the nexus between Missing persons Vs Trafficking All Missing persons cases registered & investigated – Taken to logical conclusion NGO intervention at Railway Station, Bus Stations, etc. with GRP, RPF personnel Short Stay Home – Police are networked for restoration WCD – NIC – A.P. Police developing Missing Persons tracing programme.
VIII. Victim/ Witness Support Fund – a new concept UNODC sponsored the fund in coastal area for trial of AHT cases Proposals pending with government 1% of budget may be earmarked to secure convictions
AHT cases for the year 2007 with the year 2006 (impact of UNODC interface in proactive policing in Anti Human Trafficking)
AHT cases for the year 2008 (up to Sept) with the year 2007 (impact of UNODC interface in proactive policing in Anti Human Trafficking)
IX. international recognition - AP best practices 40% of the rescue best practices are cited by UNODC from AP. Conviction of 34 traffickers for 10 years imprisonment. Discussed as AP Model in International fora.
X. Road Map E-mail grouping of AHT Officers across the country. Securing conviction against traffickers Profiling of traffickers across the country. Speedy rescues of victims & arrests of traffickers Integrating IC DS projects of WCD with Anganwadi centres into AHT – Keeping Panchayat Raj institutions in the loop. Keeping Railways & RTCs in loop for prevention 1091 Women Helpline with NGO interface
Advantages for Judiciary Presumption u/s 3(2A), 4(2), 6(2), (2A), (3) of ITP Act. Higher punishment scale when child (below 16 yrs), Minor (below 18 yrs) are commercially sexually exploited. Age determination – Records may lie but ‘person’ does not. Please call for details. School certificate / Ration card etc as proof of date of birth.
Advantages for Judiciary Sec. 17 A (Placing persons for interim custody rescued to parents /guardians). Passports of ‘exploiters’ staying abroad can be impounded facilitating I.Os to take up deportation (Gulf / South East Asia cases). Issuing ‘search warrant’ in case of out of state rescue operations. ‘Vajrayudha’ – Sec. 18 of ITP Act (Closure of brothel for 1 year or in case of minors’ exploitation for 3 yrs).
Things to remember Pl. remember that the victim is under ‘trauma’ False names & addresses are often given both by victims and traffickers. Claims are made by ‘traffickers’ themselves for custody of victims. Recording of statement u/s 164 Cr.P.C. after counseling is better. Date of trafficking may be discerned based on victims’ statement Age determination to be given top priority. Parrot like assertions are often given by victims.
Constrains for police I.Os Proving “basket of crimes” concept. Age certification. Wrong address furnished by both the traffickers and victims. No permanent abode. Disowned / sold by own parents, husband / brother / sister/ uncle / aunt etc. Lack of counseling staff. Requesting every time for ‘in-camera’ trial. Proving S.O.C (Scene of Crime).
WE ARE PROGRESSING WE ARE PROGRESSING from from Talkers to Doers - 2005 Doers to Performers - 2006 Performers to Achievers - 2007 & 08 Achieversto Trend Setters - 2009 & 10 Trend setters to Reformers - 2011
Plan purposefully Prepare prayerfully Proceed positively Pursue persistently Let us…